Text: HF02473 Text: HF02475 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 167.4, Code 2003, is amended by 1 2 striking the section and inserting in lieu thereof the 1 3 following: 1 4 167.4 LICENSING PROCEDURE – FEES. 1 5 The following shall apply to a person required to be 1 6 licensed under this chapter: 1 7 1. The person shall submit an application for a license to 1 8 the department in a manner and according to procedures 1 9 required by the department. 1 10 2. The person shall include in the application information 1 11 as required by the department, on forms prescribed by the 1 12 department, which shall include at least all of the following: 1 13 a. For a disposal plant, the person shall state the 1 14 person's name and address, the person's proposed place of 1 15 business, and the total number of vehicles to be involved in 1 16 the operation. 1 17 b. For a collection point involving the accumulation of 1 18 whole animal carcasses or their parts for ultimate 1 19 transportation to a disposal plant, the person's name and 1 20 address, the person's proposed place of business, and the 1 21 total number of vehicles to be involved in the operation. 1 22 c. For a delivery service which transports whole animal 1 23 carcasses or their parts to a disposal plant or collection 1 24 point, the person's name and address, the total number of 1 25 vehicles to be involved in the operation, and the location 1 26 where the vehicles involved in the operation are to be 1 27 maintained. 1 28 3. The person shall submit a separate application for each 1 29 location that the person is to operate a disposal plant, 1 30 collection point, or a delivery service. 1 31 4. The person shall submit a license fee as follows: 1 32 a. For a disposal plant, one hundred dollars. 1 33 b. For a collection point, one hundred dollars. However, 1 34 a person is not required to pay the license fee for a 1 35 collection point which is operated by a disposal plant. 2 1 c. For a delivery service which is not part of the 2 2 operation of a disposal plant or collection point, fifty 2 3 dollars. 2 4 5. A license issued under this section shall expire on 2 5 December 31 of each year. The person may renew the license by 2 6 completing a renewal form as prescribed by the department in a 2 7 manner and according to procedures required by the department. 2 8 However, the renewal form must be submitted to the department 2 9 prior to the license's expiration date. The person shall 2 10 submit a renewal license fee which shall be for the same 2 11 amount as the original license fee. 2 12 Fees collected pursuant to this section shall be deposited 2 13 into the general fund of the state. 2 14 6. A person's license is subject to suspension or 2 15 revocation by the department if the department determines that 2 16 the person has committed a material violation of this chapter, 2 17 including rules adopted by this chapter, or a term or 2 18 condition of the license. The person may contest the 2 19 department's action as provided in chapter 17A. 2 20 Sec. 2. Section 167.15, Code 2003, is amended by striking 2 21 the section and inserting in lieu thereof the following: 2 22 167.15 TRANSPORTATION OF ANIMALS – CARCASSES OR PARTS. 2 23 1. A person required to be licensed under section 167.4 2 24 shall transport a whole or part of an animal carcass or offal 2 25 material according to requirements adopted by departmental 2 26 rule. 2 27 a. The delivery vehicle's container used for loading and 2 28 transporting the carcass or offal material shall be 2 29 constructed according to departmental rules in a manner that 2 30 prevents parts or liquids associated with the carcass or offal 2 31 material from escaping during transport. 2 32 b. The department shall adopt rules requiring that the 2 33 delivery vehicle's container be covered when transporting an 2 34 animal carcass or offal material. However, this requirement 2 35 shall not apply to a route delivery vehicle used primarily to 3 1 transport animal carcasses from a farm to another location, 3 2 unless the department issues a special order as provided in 3 3 this paragraph. The department may issue such an order and 3 4 require that the delivery vehicle's container be covered, if 3 5 the state veterinarian determines that an animal or animal 3 6 carcass on the farm has been infected or exposed to an 3 7 infectious or contagious disease or that there has been an 3 8 outbreak of an infectious or contagious disease in the area 3 9 where the farm is located. 3 10 c. The person shall not overload the delivery vehicle's 3 11 container with carcasses or offal material. 3 12 2. The department shall provide for the inspection of 3 13 delivery vehicles used to transport carcasses or offal 3 14 material, disposal plants, collection points, or other 3 15 locations in which carcasses or offal material is stored or 3 16 processed before being delivered to a disposal plant. 3 17 Sec. 3. Section 167.19, Code 2003, is amended to read as 3 18 follows: 3 19 167.19 PENALTY. 3 20The violation of any of the provisions ofA person who 3 21 violates this chapter oranya rule adoptedthereunderby the 3 22 departmentshall bepursuant to this chapter is guilty of a 3 23 simple misdemeanor. The person may be subject to a civil 3 24 penalty of not less than one hundred dollars and not more than 3 25 one thousand dollars for each violation. However, the state 3 26 shall be precluded from bringing a criminal action against the 3 27 person if the department has initiated a civil enforcement 3 28 proceeding. Moneys collected in civil penalties shall be 3 29 deposited into the general fund of the state. 3 30 Sec. 4. Sections 167.6, 167.9, and 167.10, Code 2003, are 3 31 repealed. 3 32 EXPLANATION 3 33 This bill amends Code chapter 167, which provides for the 3 34 transportation and rendering of animal carcasses by persons 3 35 licensed by the department of agriculture and land 4 1 stewardship. Code sections 167.4 and 167.6 require a person 4 2 who is engaged in the business of disposing of animal 4 3 carcasses to pay the department an application fee of $100 and 4 4 a license fee of $100. The bill rewrites Code section 167.4 4 5 by providing application procedures and fees for three classes 4 6 of persons who: (1) operate a disposal plant; (2) operate a 4 7 collection point where animal carcasses are accumulated; and 4 8 (3) operate a delivery service which transports whole animal 4 9 carcasses or their parts to a collection point or disposal 4 10 plant. The fee for these classes of persons is $100 except 4 11 for delivery services that are not part of an operation 4 12 associated with a disposal plant or collection point. Those 4 13 persons are charged a $50 license fee. The bill regulates the 4 14 transportation of carcasses or their parts and specifically 4 15 provides that a vehicle's container is not required to be 4 16 covered unless the department orders otherwise based on actual 4 17 or potential outbreaks of infectious or contagious diseases. 4 18 Generally, a person who violates a provision of Code 4 19 chapter 167 is guilty of a simple misdemeanor. The bill 4 20 provides that the person may be subject to a civil penalty of 4 21 not less than $100 and not more than $1,000. However, a 4 22 person cannot be subject to both a criminal and civil penalty. 4 23 The bill also repeals a number of code provisions which are 4 24 addressed in the bill's new Code section 167.4. 4 25 LSB 5948HV 80 4 26 da/gg/14
Text: HF02473 Text: HF02475 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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